[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The guilt of a man in his 20s, who caused controversy over so-called 'caregiver murder' by neglecting his seriously ill father in his 50s and causing his death, has been confirmed.
The Supreme Court's First Division (Presiding Justice Kim Seon-su) on the 31st upheld the original sentence of four years in prison for A (23), who was indicted on charges of killing a direct ascendant.
A, who had no special occupation, took care of his father B (56), who had been living alone with him and was hospitalized since around September 2020 due to deep cerebral hemorrhage and subarachnoid hemorrhage. When B’s brother C, who had been covering the hospital bills, could no longer afford them, B was discharged and cared for at home.
At the time of discharge, B was paralyzed in his left limbs and unable to move independently, and could only eat through a gastrostomy tube inserted in his nose, a form of 'tube feeding.' To prevent bedsores, his position had to be changed every two hours, and continuous monitoring was necessary to prevent respiratory difficulties caused by pneumonia. The hospital warned that his life would be at risk if discharged, but due to financial difficulties, A had no choice.
Following the hospital’s instructions after discharge, A supplied water, medicine, and food, but from the second day after discharge, he stopped giving prescribed medication and provided less than the normal amount of therapeutic food. From about a week later, he left B alone and neglected him, leading to B’s death around May last year.
After B’s death, A reported to the 119 emergency service and police, but the police, upon examining B’s body, suspected the cause of death and launched an investigation. It was confirmed that B died from pneumonia and other complications caused by malnutrition.
During the police investigation, A denied the charges, but during the prosecution’s inquiry, he reportedly stated, “It is difficult to care every two hours without any promise of recovery, and financially it was hard, so I thought I should just let him die.”
Before B’s discharge, C had informed A about procedures to receive livelihood and disability support, but it was revealed that A did not visit the community center or take any related steps.
Earlier, the lower court ruled, “Considering that the defendant never administered the prescribed medication brought from the hospital at discharge even once, along with the defendant’s confession, it is recognized that the defendant intentionally neglected the victim from the day after discharge with the intent to cause death until the victim died,” and found A guilty of killing a direct ascendant.
However, taking into account A’s young age, lack of economic ability, and the burden of caregiving he had to bear alone, which led to immature judgment in committing the crime, the court sentenced him to four years in prison.
The Supreme Court found no legal errors in the lower court’s judgment and confirmed the guilty verdict.
Meanwhile, A’s case drew attention as a 'caregiver murder' incident involving a person burdened with supporting sick parents or grandparents at a young age, placing them in a welfare blind spot. It was reported through the media that A suffered severe financial hardship, unable to pay monthly rent and having utilities such as city gas and internet cut off, which sparked public petitions ahead of the second trial.
Lee Jae-myung, Senior Advisor of the Democratic Party of Korea, shared related articles on his Facebook during his presidential candidacy, stating, “We will prepare practical measures regarding the caregiving issue, where neither the young person who quietly lived their reality nor their father was given a chance for independence, and one of them must die.” This case attracted political attention amid the presidential election atmosphere. Minister of Health and Welfare Kwon Deok-cheol apologized, saying, “We are sorry for failing to prevent the incident,” and Prime Minister Kim Boo-kyum promised to improve the system.
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